Bill S22-2013

Relates to the abatement of lead poisoning conditions

Increases the penalty for the failure to comply with a notice and demand for the discontinuance of a paint condition conducive to lead poisoning from two thousand five hundred to five thousand dollars.

Details

Actions

Jan 8, 2014: REFERRED TO HEALTH

Jan 9, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S22

TITLE OF BILL: An act to amend the public health law, in relation to the abatement of lead poisoning conditions

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends subdivision 3 of section 1373 of the public health law. Increase the penalties for building code violations and increases the penalty for failure to correct a paint condition conducive to lead poisoning to no more than five-thousand dollars.

Section 2. Effective Date

JUSTIFICATION: Lead poisoning is an issue that has been gaining momentum due to the frequency of lead poisoning cases in our communities. Lead poisoning cases are especially prevalent in high poverty areas. Young children and pregnant women are most vulnerable to the effects of lead poisoning. High lead levels in children can lead to developmental and other health problems. In pregnant women high lead levels can significantly affect the developmental abilities of their unborn children.

This bill will help to prevent lead exposure and lead-related health problems by placing stiff penalties against building owners who allow this dangerous condition to exist on their properties.

FISCAL IMPLICATIONS: To be determined, potential increase due to increase in fines.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________
22
2013-2014 Regular Sessions
IN SENATE
(PREFILED)
January 9, 2013
___________

Introduced by Sen. DIAZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to the abatement of
lead poisoning conditions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 1373 of the public health law, as
added by chapter 338 of the laws of 1970, is amended to read as follows:
3. In the event of failure to comply with a notice and demand, the
commissioner or his representative may conduct a formal hearing upon due
notice in accordance with the provisions of section twelve-a of this
chapter and on proof of violation of such notice and demand may order
abatement of a paint condition conducive to lead poisoning upon such
terms as may be appropriate and may assess a penalty not to exceed [two
thousand five hundred] FIVE THOUSAND dollars for such violation.
S 2. This act shall take effect immediately.

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00998-01-3

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